Jake Sherman v. Seiko Yakahi

On appeal is the issue whether Sherman’s first amended complaint states a claim upon which relief could be granted. Expressing no opinion on the merits of the underlying case, we find that two causes of action were sufficiently pleaded to withstand a motion to dismiss: (1) that Sherman’s termination of employment was the result of reverse racial discrimination, and (2) that the Civil Service Commission failed to follow its own procedures when inquiring into the termination. We reverse and remand for consideration of these two claims only.

FACTS

Sherman, who is Jewish, was employed as an electrical engineer with the San Francisco Public Utilities Commission. Under § 8.340 of the San Francisco Charter, Sherman had to serve a six-month probationary period, during which time his appointment could be terminated by the appointing officer with written notice to the employee and the Civil Service Commission, specifying the reasons for termination.

Sherman alleges that his immediate supervisor Yakahi, of Japanese ancestry, discriminated against him by giving him a test but not giving any to the other probationary employees, all of whom were of Oriental heritage. He alleges that…